Bill Summary for H 38 (2025-2026)

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Summary date: 

Feb 3 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 38 (Public) Filed Monday, February 3, 2025
AN ACT TO ENACT THE SECOND AMENDMENT FINANCIAL PRIVACY ACT.
Intro. by Pyrtle, Miller, Goodwin, Chesser.

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Bill summary

Amends GS Chapter 66 by adding new Article 51 (Second Amendment Financial Privacy Act), which prohibits a payment card network from (1) using a firearm code in connection with payment card transactions involving a firearms merchant in the State; (2) knowingly maintaining a record of individuals residing in the state who own firearms; and (3) discriminating against a firearms merchant solely on the assignment or non-assignment of a firearms code in GS 66-513. Makes legislative findings in GS 66-511. Defines firearms code, firearms merchant and payment card network in GS 66-512. 

Permits the Attorney General to assess civil penalties of not more than $10,000 for each violation after notice and hearing under GS 66-514. Provides a civil cause of action for firearms merchants, persons using payment cards with a firearms merchant, and persons for whom a financial institution has a record of firearm ownership, against a payment card network, permitting injunctions, statutory damages of $10,000 for each violation, and costs and attorneys' fees in GS 66-505. Provides a three-year statute of limitations on civil actions.

Effective October 1, 2025.